Chapter 4901-9 Complaint Proceedings

(A)
Except in
unusual circumstances, any customer or consumer with a service or billing
problem should first contact the public utility to attempt to resolve the
problem. If that attempt is unsuccessful, the customer or consumer is
encouraged to contact the commission's call center prior to the filing of a
formal complaint. If a customer or consumer bypasses the commission's call
center and files a formal complaint, the commission's legal department may
refer the complaint to the commission's call center for an opportunity to
resolve the issue before formally proceeding with the complaint.

(B)
All complaints filed under section
4905.26 and section
4927.21 of the Revised
Code, except complaints filed by a public utility concerning a matter affecting
its own product or service, shall be in writing and shall contain the name of
the public utility complained against, a statement which clearly explains the
facts which constitute the basis of the complaint, and a statement of the
relief sought. Sample complaint forms may be obtained by contacting the
commission's service monitoring and enforcement department. If discrimination
is alleged, the facts that allegedly constitute discrimination must be stated
with particularity. Upon receipt of such a complaint, the docketing division
shall serve a copy of the complaint upon the public utility complained against,
together with instructions to file an answer with the commission in accordance
with the provisions of this rule. The public utility complained against shall
file its answer with the commission within twenty days after the mailing of the
complaint, or such period of time as directed by the commission, the legal
director, the deputy legal director, or an attorney examiner, and shall serve a
copy upon all parties in accordance with rule
4901-1-05 of the Administrative
Code. An answer must be filed in accordance with this paragraph, whether or not
the public utility files a motion to dismiss the complaint or any other motion
in response to the complaint.

(C)
Each defense to a complaint shall be asserted in an answer. In addition, the
following defenses or assertions may, at the option of the public utility
complained against, also be raised by motion:

(D)
The public utility shall state in its
answer, in short and plain terms, its defenses to each claim asserted, and
shall admit or deny the allegations upon which the complainant relies. If the
public utility is without sufficient knowledge or information to form a belief
as to the truth of an allegation, it shall so state and this has the effect of
a denial. If the public utility intends in good faith to deny all of the
allegations in the complaint, it may do so by general denial. If it does not
intend to deny all of the allegations in the complaint, it shall either make
specific denials of designated allegations or paragraphs, or generally deny all
allegations except those allegations or paragraphs that it expressly admits.
Unless otherwise ordered by the commission, the legal director, the deputy
legal director, or an attorney examiner, all material allegations in the
complaint which are not denied in the answer shall be deemed admitted for
purposes of the proceeding.

(E)
If
a person filing a complaint against a public utility is facing termination of
service by the public utility, the person may request, in writing, that the
commission provide assistance to prevent the termination of service during the
pendency of the complaint. The person must explain why he or she believes that
service is about to be terminated and why the person believes that the service
should not be terminated. A person making a request for assistance must agree
to pay during the pendency of the complaint all amounts to the utility that are
not in dispute. The commission, legal director, deputy legal director, or an
attorney examiner will issue a ruling on the request.

(F)
If the public utility complained against
files an answer or motion which asserts that the complaint has been satisfied
or that the case has been settled, the complainant shall file a written
response within twenty days after the service of the answer or motion,
indicating whether the complainant agrees or disagrees with the utility's
assertions, and whether he or she wishes to pursue the complaint. If no
response is filed within the prescribed period of time, the commission may
presume that satisfaction or settlement has occurred and dismiss the complaint.
Any filing by a utility that asserts that a complaint has been satisfied or
that the case has been settled shall include a statement or be accompanied by
another document that states that, pursuant to a commission rule, the
complainant has twenty days to file a written response agreeing or disagreeing
with the utility's assertions and that, if no response is filed, the commission
may presume that satisfaction or settlement has occurred and dismiss the
complaint.

(G)
The legal director,
deputy legal director, or an attorney examiner assigned to a complaint case
shall schedule a settlement conference to attempt to resolve the issues in the
case prior to hearing. The settlement conference will be conducted pursuant to
the Uniform Mediation Act found in Chapter 2710. of the Revised Code. The
settlement conference may be waived at the request or agreement of all the
parties or if the attorney examiner is informed that prior formal attempts to
resolve the dispute were made and were unsuccessful. Unless good cause is
shown, settlement conferences shall be held at the offices of the
commission.

(H)
If a conference is
scheduled to discuss settlement of the issues in a complaint case, the
representatives of the public utility shall investigate prior to the settlement
conference the issues raised in the complaint and all parties attending the
conference shall be prepared to discuss settlement of the issues raised and
shall have the requisite authority to settle those issues.